[2017] KESC 40 (KLR)

[2017] KESC 40 (KLR)

The Supreme Court held that the applicant, ICTAK, failed to meet the threshold for admission as amicus curiae in a presidential election petition. While the applicant indicated its brief would be limited to legal arguments, the court found that the points of law it sought to address had already been covered by the principal parties, and the applicant did not demonstrate any novel or specific legal issue that would aid the court in determining the petition. The court emphasized that an amicus curiae must introduce new perspectives or expertise not already before the court, and must demonstrate neutrality, expertise, and relevance. As ICTAK's submissions were general and not focused on a...

Citation
[2017] KESC 40 (KLR)
Parties
Applicant: Raila Amolo Odinga; Applicant: Stephen Kalonzo Musyoka; Respondent: Independent Electoral and Boundaries Commission; Respondent: Chairperson of the Independent Electoral and Boundaries Commission; Respondent: Uhuru Muigai Kenyatta; Amicus Curiae: Information Communication Technology Association (ICTAK)
Court
Supreme Court
Court Station
Supreme Court of Kenya
Jurisdiction
Kenya
Judgment Date
27 August 2017
Case Number
Presidential Election Petition 1 of 2017
Procedural Posture
Election Petition / Ruling on Application for Amicus Curiae Status
Outcome
application dismissed
Judges
DK Maraga, PM Mwilu, MK Ibrahim, JB Ojwang, SC Wanjala, N Ndungu, I Lenaola
Legal Topics
Amicus Curiae Admission, Presidential Election Petition, Election Technology, Procedural Thresholds
Source Language
English
Election Petitions Constitutional Law Civil Procedure Amicus Curiae Admission Presidential Election Petition Election Technology Procedural Thresholds

Case Brief

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Parties

Raila Amolo Odinga

Applicant

Stephen Kalonzo Musyoka

Applicant

Independent Electoral and Boundaries Commission

Respondent

Chairperson of the Independent Electoral and Boundaries Commission

Respondent

Uhuru Muigai Kenyatta

Respondent

Information Communication Technology Association (ICTAK)

Amicus Curiae

Procedural Posture

Election Petition / Ruling on Application for Amicus Curiae Status

Legal Issues

  1. 1 What are the guiding principles applicable in determining an application to be enjoined as amicus curiae in a presidential election petition?
  2. 2 Whether an application for admission as amicus curiae that addressed points of law already addressed by other parties in the petition is valid.

Ratio Decidendi

The Supreme Court held that the applicant, ICTAK, failed to meet the threshold for admission as amicus curiae in a presidential election petition. While the applicant indicated its brief would be limited to legal arguments, the court found that the points of law it sought to address had already been covered by the principal parties, and the applicant did not demonstrate any novel or specific legal issue that would aid the court in determining the petition. The court emphasized that an amicus curiae must introduce new perspectives or expertise not already before the court, and must demonstrate neutrality, expertise, and relevance. As ICTAK's submissions were general and not focused on a...

Court Disposition

application dismissed

Orders

  • The application by ICTAK to be enjoined as amicus curiae is dismissed.
  • No orders as to costs.